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F E Smith
F E Smith, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 9681
Experience:  30 years in general practice.
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For FES Only: another urgent question after your brilliant

Customer Question

For FES Only:Hi - another urgent question after your brilliant help previously (the one matter was discontinued by the vexatious claimant, and the other has been referred to a full hearing but still with no evidence provided - just thought you'd like to know your advice worked!).In this matter I am the Claimant.I had judgment in default awarded on the 29th July 2016.On the 1st August 2016 I had a High Court Writ sealed.On 16th August 2016 The High Court Sheriffs attended and were met with a Order To Set Aside dated 5th August 2016. I have received a copy of this Order today.It states that the original judgment be set aside and that the matter is now a defended claim. No reasons for why the matter has been set aside were given and this is the first I have heard of it.I am reeling and close to bankruptcy as this major corporation owes me £29,406.89.The defence enclosed with the order is dated 13th July 2016 however when I spoke to the County Court Money Claims Centre on 29th July they told me that no defence had been received. This led me to file for judgment in default.Question 1: Do I have any write to see the reasons why the judgment was set aside?Question 2: Is it reasonable that the judgement to set aside was made after the matter was transferred to the High Court?Question 3: The N9B Defence form enclosed with the order has the WRONG court at the top of the page. It states the Nottingham County Court and not the County Court Money Claims Centre. This is possibly why the defence was not on file originally - but is the fact that the Defendant filed at the wrong court sufficient to have the order to set aside itself set aside and for the judgment to stand?Any urgent advice would be as always gratefully appreciated.Thanks, Chris.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  F E Smith replied 1 year ago.

That was a good result prior then.

You obtained judgement in default because the defendant did not send a defence. They have now sent a defence, albeit late, and applied to set the judgement aside and the usual reason is that they didn’t receive the papers or suchlike. To be honest, it is rarely worth contesting an application to set aside a judgement unless there has been a large time scale between judgement and application to set aside.

Set aside after default judgement is very common.

You are entitled to write and ask why the judgement was set aside but the reason is going to be academic and of no use to you.

A defendant can apply to set aside any stage.

Having the wrong court on the top of the paperwork would be an excuse for them to apply to court to set the judgement aside if it went to the wrong court.

I’m sorry, I wish I could give you an answer that was more favourable to you.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails.

Best wishes.

FES

Customer: replied 1 year ago.
basically a defendant need not comply with any directions of the court and still be allowed to rack up costs for the claimant by filing at the wrong court and late. The whole justice system is ludicrous.
Expert:  F E Smith replied 1 year ago.

I know exactly what you are saying. I find it very frustrating myself. Solicitors are usually the worst culprits about failing to meet deadlines. To my mind, if there is a deadline, that’s it, a miss is as good as a mile. However frustratingly, it doesn’t work like that.

You can always ask for any wasted costs which you have incurred as a result of the error by the defendant, to be awarded in your favour

Customer: replied 1 year ago.
OK - thanks.One other thing - does the Defence need to be sealed by the court to be valid or is a simply photocopy acceptable without a seal?
Expert:  F E Smith replied 1 year ago.

The defence should be sent to you and also to the court and it’s up to the court to stamp it although normally, wouldn’t need to be sealed provided there is no issue over whether it is a true copy or not.

F E Smith and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry for the delay in rating - just been super busy.I filed a N244 requesting the set aside order be set aside - I appreciate you saying this is unlikely to be granted, but I figured it was at least worth a try!I have another question relating to this case - will you be online over the weekend at all?Thanks, Chris ��
Expert:  F E Smith replied 1 year ago.

I will be online for a short period of time each day over the weekend and then longer from Sunday afternoon onwards